The tussle between the legislature and judiciary culminated in the basis structure doctrine, in Kesavananda Bharati case. Discuss. What is the significance of the case in limiting the power of the Parliament to amend the Constitution? (Answer in 250 words)

Basic Structure doctrine is a judicial innovation given in Kesavanand Bharti Case (1973), which restricted power of parliament to amend constitution. Tussle between legislature & Judiciary 1st Amendment Act: Parliament introduced Schedule 9. Shankari Prasad: Judiciary upheld case (1951) 1st AA unconstitutional. Upolakhnath Case: Judiciary upheld (1962) 1st AA unconstitutional & Saad parliament has not power to amend.

Upolakhnath Case: Judiciary upheld (1962) 1st AA unconstitutional & Saad parliament has not power to amend. 25th Amendment Act: Parliament amended Article 368 duly. Keshavanand Bharti Case (1973): Basic Structure doctrine was given. Significance of Keshavanand Bharti Case (1) Protects core philosophies on which Constitution is based. (2) Check on Arbitrary action of legislature & executive. (3) Minerals Mills Case (1980): Judicial Review. (4) Does not allow creature to become master of Constitution. (5) Upholding of 4 fundamental rights & civil liberties. Criticism: - Trinity (A14, A19, A21) Part of basic structure - Not clearly defined - Subjective interpretation - Tyranny of unelected over elected Judicial Restraint should be our way forward moving ahead.

Check on Arbitrary action of legislature & executive. Minerial Mills Case (1980): Judicial Review. Does not allow creature to become master of constitution. Upholding of 4 fundamental rights & civil liberties. Criticism: - Trinity (A14, A19, A21) Part of basic structure - Not clearly defined - Subjective interpretation - Tyranny of unelected over elected.